Common use of REMEDIES NOT EXCLUSIVE; WAIVER Clause in Contracts

REMEDIES NOT EXCLUSIVE; WAIVER. Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of Trust. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and Lender, and each of them, shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any other Loan Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained herein, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other rights or security now or hereafter held by Trustee or Lender. Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other rights or security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy contained herein or by law provided or permitted, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of the Loan Documents to Trustee or Lender, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. By exercising or by failing to exercise any right, option or election hereunder, Lender shall not be deemed to have waived any provision hereof or to have released Borrower from any of the obligations secured hereby unless such waiver or release is in writing and signed by Lender. The waiver by Lender of Borrower's failure to perform or observe any term, covenant or condition referred to or contained herein to be performed or observed by Borrower shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent failure of Borrower to perform or observe the same or any other such term, covenant or condition referred to or contained herein, and no custom or practice which may develop between Borrower and Lender during the term hereof shall be deemed a waiver of or in any way affect the right of Lender to insist upon the performance by Borrower of the obligations secured hereby in strict accordance with the terms hereof or of any other Loan Document.

REMEDIES NOT EXCLUSIVE; WAIVER. Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of Trust. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby Obligations and to exercise all rights and powers under this Deed of Trust or under any other Loan Transaction Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lienLien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained herein, shall prejudice or in any manner affect Trustee's or LenderBeneficiary's right to realize upon or enforce any other rights or security now or hereafter held by Trustee or LenderBeneficiary. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other rights or security now or hereafter held by Lender Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee by law provided or Lender is intended to permitted shall be exclusive of any other remedy contained herein or by law provided or permittedremedy, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of the Loan Transaction Documents to Trustee or LenderBeneficiary, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or LenderBeneficiary, and either of them may pursue inconsistent remedies. By exercising or by failing to exercise any right, option or election hereunder, Lender Beneficiary shall not be deemed to have waived any provision hereof or to have released Borrower Trustor from any of the obligations Obligations secured hereby unless such waiver or release is in writing and signed by LenderBeneficiary. The waiver by Lender Beneficiary of BorrowerTrustor's failure to perform or observe any term, covenant or condition referred to or contained herein to be performed or observed by Borrower Trustor shall not be deemed to be a waiver of such term, covenant or condition on any other occasion or of any subsequent failure of Borrower Trustor to perform or observe the same or any other such term, covenant or condition referred to or contained herein, and no custom or practice which may develop between Borrower Trustor and Lender Beneficiary during the term hereof shall be deemed a waiver of or in any way affect the right of Lender Beneficiary to insist upon the performance by Borrower Trustor of the obligations Obligations secured hereby in strict accordance with the terms hereof or of any other Loan Transaction Document.

REMEDIES NOT EXCLUSIVE; WAIVER. Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of TrustSecurity Instrument. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and Lender, and each of them, shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust Security Instrument or under any other Loan Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Security Instrument nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained herein, shall prejudice or in any manner affect Trustee's ’s or Lender's ’s right to realize upon or enforce any other rights or security now or hereafter held by Trustee or Lender. Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust Security Instrument and any other rights or security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy contained herein or by law provided or permitted, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of the Loan Documents to Trustee or Lender, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. By exercising or by failing to exercise any right, option or election hereunder, Lender shall not be deemed to have waived any provision hereof or to have released Borrower from any of the obligations secured hereby unless such waiver or release is in writing and signed by Lender. The waiver by Lender of Borrower's ’s failure to perform or observe any term, covenant or condition referred to or contained herein to be performed or observed by Borrower shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent failure of Borrower to perform or observe the same or any other such term, covenant or condition referred to or contained herein, and no custom or practice which may develop between Borrower and Lender during the term hereof shall be deemed a waiver of or in any way affect the right of Lender to insist upon the performance by Borrower of the obligations secured hereby in strict accordance with the terms hereof or of any other Loan Document.

REMEDIES NOT EXCLUSIVE; WAIVER. Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of TrustSecurity Instrument. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and Lender, and each of them, shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust Security Instrument or under any other Loan Other Security Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Security Instrument nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained herein, shall prejudice or in any manner affect Trustee's or LenderXxxxxx's right to realize upon or enforce any other rights or security now or hereafter held by Trustee or Lender. Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust Security Instrument and any other rights or security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy contained herein or by law provided or permitted, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of this Security Instrument or the Loan Other Security Documents to Trustee or Lender, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. By exercising or by failing to exercise any right, option or election hereunder, Lender Xxxxxx shall not be deemed to have waived any provision hereof or to have released Borrower from any of the obligations secured hereby unless such waiver or release is in writing and signed by LenderXxxxxx. The waiver by Lender of Borrower's failure to perform or observe any term, covenant or condition referred to or contained herein to be performed or observed by Borrower shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent failure of Borrower to perform or observe the same or any other such term, covenant or condition referred to or contained herein, and no custom or practice which may develop between Borrower and Lender during the term hereof shall be deemed a waiver of or in any way affect the right of Lender to insist upon the performance by Borrower of the obligations secured hereby in strict accordance with the terms hereof or of any other Loan Other Security Document.

REMEDIES NOT EXCLUSIVE; WAIVER. (a) Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of Trust. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby Obligations and to exercise all rights and powers under this Deed of Trust or under any other Loan Transaction Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained herein, shall prejudice or in any manner affect Trustee's or LenderBeneficiary's right to realize upon or enforce any other rights or security now or hereafter held by Trustee or LenderBeneficiary. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other rights or security now or hereafter held by Lender Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee by law provided or Lender is intended to permitted shall be exclusive of any other remedy contained herein or by law provided or permittedremedy, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of the Loan Transaction Documents to Trustee or LenderBeneficiary, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or LenderBeneficiary, and either of them may pursue inconsistent remedies. By exercising or by failing to exercise any right, option or election hereunder, Lender Beneficiary shall not be deemed to have waived any provision hereof or to have released Borrower either Trustor from any of the obligations Obligations secured hereby unless such waiver or release is in writing and signed by LenderBeneficiary. The waiver by Lender Beneficiary of Borrowereither Trustor's failure to perform or observe any term, covenant covenant, or condition referred to or contained herein to be performed or observed by Borrower such Trustor shall not be deemed to be a waiver of such term, covenant or condition on any other occasion or of any subsequent failure of Borrower such Trustor to perform or observe the same or any other such term, covenant or condition referred to or contained herein, and no custom or practice which may develop between Borrower such Trustor and Lender Beneficiary during the term hereof shall be deemed a waiver of or in any way affect the right of Lender Beneficiary to insist upon the performance by Borrower such Trustor of the obligations Obligations secured hereby in strict accordance with the terms hereof or of any other Loan Transaction Document.

REMEDIES NOT EXCLUSIVE; WAIVER. Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of Trust. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and Lender, and each of them, (a) Assignee shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under Pledge Agreement, the Note, and any other Loan Document Security Instruments or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, guaranty, pledge, lien, assignment or otherwise, subject to any applicable limitation of liability. Neither the acceptance Assignee's excise of this Deed of Trust its rights hereunder nor its enforcement, whether by court action or pursuant refraining to the power of sale or other powers contained herein, exercise such rights shall prejudice or in any manner affect Trustee's or LenderAssignee's right to realize upon or enforce any other rights or security now or hereafter held by Trustee Assignee or Lenderto enforce its rights hereunder at another time. Trustee and Lender, and each of them, Assignee shall be entitled to enforce this Deed of Trust its rights hereunder and any other rights or security now or hereafter held by Lender or Trustee under the Note and the Security Instruments in such order and manner as they or either of them may it may, in their its absolute discretion discretion, determine, subject to applicable law. No remedy herein conferred upon or reserved to Trustee or Lender Assignee is intended to be exclusive of any other remedy contained herein or in the Security Instruments, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or and in the Security Instruments and now or hereafter existing at law or in equityequity or by statute. Every power or remedy given by any of the Loan Documents Note and the Security Instruments to Trustee or Lender, or to which either of them may be otherwise entitled, Assignee may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or LenderAssignee, and either of them Assignee may pursue inconsistent remedies, subject to applicable law. By exercising or by failing to exercise not exercising any right, option or election hereunder, Lender . Assignee shall not be deemed to have waived any provision hereof or to have released Borrower Assignor from any of the obligations secured hereby unless such waiver or release is in writing and signed by LenderAssignee. The waiver by Lender Assignee of Borrower's failure to perform or observe any term, covenant covenant, or condition referred to or contained herein in the Note or Security Instruments to be performed or observed by Borrower shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent failure of Borrower to perform or observe the same or any other such term, covenant or condition referred to or contained hereinin the Security Instruments, and no custom or practice which may develop between Borrower and Lender during the term hereof Assignee shall be deemed a waiver of or in any way affect the right of Lender Assignee to insist upon the performance by Borrower of the obligations secured hereby in strict accordance with and the terms hereof right of Assignee to exercise its rights hereunder. (b) Except for notice of default under the Note or Security Instruments securing the Note, Assignor (i) waives notice of any kind, including but not limited to presentment for payment, protest and demand, notice of non-payment, protest, notice of protest, and diligence in collecting the indebtedness evidenced by the Note or enforcing any of the security therefor, (ii) agrees to the substitution, exchange or release of any such security or the release of any party primarily or secondarily liable thereon, and (iii) further agrees that it will not be necessary for the Assignee, in order to enforce its rights under this Assignment, to first institute suit or exhaust its remedies against Borrower or any other Loan Documentliable party or to enforce its rights against any other security therefor, and consents to any one or more rearrangements, modifications, extensions or postponements of the time, amount or manner of payment of the Note on any terms or any other indulgences with respect thereto, without notice thereof and without discharging or reducing any of Assignor's liability hereunder.

REMEDIES NOT EXCLUSIVE; WAIVER. Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of Trust. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby Obligations and to exercise all rights and powers under this Hyatt Gaming Deed of Trust or under any other Loan Transaction Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lienLien, assignment or otherwise. Neither the acceptance of this Hyatt Gaming Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained herein, shall prejudice or in any manner affect Trustee's or LenderBeneficiary's right to realize upon or enforce any other rights or security now or hereafter held by Trustee or LenderBeneficiary. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce this Hyatt Gaming Deed of Trust and any other rights or security now or hereafter held by Lender Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee by law provided or Lender is intended to permitted shall be exclusive of any other remedy contained herein or by law provided or permittedremedy, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of the Loan Transaction Documents to Trustee or LenderBeneficiary, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or LenderBeneficiary, and either of them may pursue inconsistent remedies. By exercising or by failing to exercise any right, option or election hereunder, Lender Beneficiary shall not be deemed to have waived any provision hereof or to have released Borrower Trustor from any of the obligations Obligations secured hereby unless such waiver or release is in writing and signed by LenderBeneficiary. The waiver by Lender Beneficiary of BorrowerTrustor's failure to perform or observe any term, covenant or condition referred to or contained herein to be performed or observed by Borrower Trustor shall not be deemed to be a waiver of such term, covenant or condition on any other occasion or of any subsequent failure of Borrower Trustor to perform or observe the same or any other such term, covenant or condition referred to or contained herein, and no custom or practice which may develop between Borrower Trustor and Lender Beneficiary during the term hereof shall be deemed a waiver of or in any way affect the right of Lender Beneficiary to insist upon the performance by Borrower Trustor of the obligations Obligations secured hereby in strict accordance with the terms hereof or of any other Loan Transaction Document.

REMEDIES NOT EXCLUSIVE; WAIVER. Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of Trust. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby Obligations and to exercise all rights and powers under this Deed of Trust or under any other Loan Transaction Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lienLien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained herein, shall prejudice or in any manner affect Trustee's or LenderBeneficiary's right to realize upon or enforce any other rights or security now or hereafter held by Trustee or LenderBeneficiary. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce this Deed of Trust -------------------------------------------------------------------------------- and any other rights or security now or hereafter held by Lender Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee by law provided or Lender is intended to permitted shall be exclusive of any other remedy contained herein or by law provided or permittedremedy, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of the Loan Transaction Documents to Trustee or LenderBeneficiary, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or LenderBeneficiary, and either of them may pursue inconsistent remedies. By exercising or by failing to exercise any right, option or election hereunder, Lender Beneficiary shall not be deemed to have waived any provision hereof or to have released Borrower Trustor from any of the obligations Obligations secured hereby unless such waiver or release is in writing and signed by LenderBeneficiary. The waiver by Lender Beneficiary of BorrowerTrustor's failure to perform or observe any term, covenant or condition referred to or contained herein to be performed or observed by Borrower Trustor shall not be deemed to be a waiver of such term, covenant or condition on any other occasion or of any subsequent failure of Borrower Trustor to perform or observe the same or any other such term, covenant or condition referred to or contained herein, and no custom or practice which may develop between Borrower Trustor and Lender Beneficiary during the term hereof shall be deemed a waiver of or in any way affect the right of Lender Beneficiary to insist upon the performance by Borrower Trustor of the obligations Obligations secured hereby in strict accordance with the terms hereof or of any other Loan Transaction Document.

REMEDIES NOT EXCLUSIVE; WAIVER. Trustee and Lender shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of TrustSecurity Instrument. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and Lender, and each of them, shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust Security Instrument or under any other Loan Document or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Security Instrument nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained herein, shall prejudice or in any manner affect Trustee's ’s or Lender's ’s right to realize upon or enforce any other rights or security now or hereafter held by Trustee or Lender. Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust Security Instrument and any other rights or security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy contained herein or by law provided or permitted, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by any of this Security Instrument or the other Loan Documents to Trustee or Lender, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. By exercising or by failing to exercise any right, option or election hereunder, Lender shall not be deemed to have waived any provision hereof or to have released Borrower from any of the obligations secured hereby unless such waiver or release is in writing and signed by Lender. The waiver by Lender of Borrower's ’s failure to perform or observe any term, covenant or condition referred to or contained herein to be performed or observed by Borrower shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent failure of Borrower to perform or observe the same or any other such term, covenant or condition referred to or contained herein, and no custom or practice which may develop between Borrower and Lender during the term hereof shall be deemed a waiver of or in any way affect the right of Lender to insist upon the performance by Borrower of the obligations secured hereby in strict accordance with the terms hereof or of any other Loan Document.

REMEDIES NOT EXCLUSIVE; WAIVER. Trustee and Lender Beneficiary shall have all powers, rights and remedies under applicable law whether or not specifically or generally granted or described in this Deed of TrustSecurity Instrument. Nothing contained herein shall be construed to impair or to restrict such powers, rights and remedies or to preclude any procedures or process otherwise available to trustees or beneficiaries under deeds of trust in the State of California. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce the payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any other Loan Document Security Instrument or other agreement or any laws now or hereafter in force, notwithstanding the fact that some or all of the indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust Security Instrument nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained herein, shall prejudice or in any manner affect Trustee's or LenderBeneficiary's right to realize upon or enforce any other rights or security now or hereafter held by Trustee or LenderBeneficiary. Trustee and LenderBeneficiary, and each of them, shall be entitled to enforce this Deed of Trust Security Instrument and any other rights or security now or hereafter held by Lender Beneficiary or Trustee Beneficiary in such order and manner as they or either of them may in their absolute discretion determinedetermine but in accordance with the terms hereof. No remedy herein conferred upon or reserved to Trustee or Lender Beneficiary is intended to be exclusive of any other remedy contained herein or by law provided or permitted, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Every power or remedy given by this Security Instrument or any of the other Loan Documents Instrument to Trustee or LenderBeneficiary, or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or LenderBeneficiary, and either of them may pursue inconsistent remedies. By exercising or by failing to exercise any right, option or election hereunder, Lender Beneficiary shall not be deemed to have waived any provision hereof or to have released Borrower Grantor from any of the obligations secured hereby unless such waiver or release is in writing and signed by LenderBeneficiary. The waiver by Lender Beneficiary of BorrowerGrantor's failure to perform or observe any term, covenant or condition referred to or contained herein to be performed or observed by Borrower Grantor shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent failure of Borrower Grantor to perform or observe the same or any other such term, covenant or condition referred to or contained herein, and no custom or practice which may develop between Borrower Grantor and Lender Beneficiary during the term hereof shall be deemed a waiver of or in any way affect the right of Lender Beneficiary to insist upon the performance by Borrower Grantor of the obligations secured hereby in strict accordance with the terms hereof or of any other Loan DocumentInstrument.